Florida 2019 Regular Session Status: In Committee

HB 933 — Office Surgery

Last action — Laid on Table, companion bill(s) passed, see CS/CS/SB 732 (Ch. 2019-130)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

290 added · 501 removed

290 line(s) added, 501 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 A bill to be entitled An act relating to clinics and office surgery;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 A bill to be entitled An act relating to office surgery;
456.004, F.S.;
requiring the Department of Health to deny or revoke the registration of or impose certain penalties against a facility in which certain procedures or office surgeries are performed under certain circumstances;
providing applicability;
authorizing the department to deny certain persons associated with a facility of which the registration was revoked from registering another facility to perform certain procedures or office surgeries;
amending s.
458.305, F.S.;
providing definitions;
amending s.
requiring a physician who performs certain procedures or office surgeries and the office in which the procedures or office surgeries are performed to maintain specified levels of financial responsibility;
deleting a provision relating to registration and inspection of an office in which a physician performs certain procedures or office surgeries;
authorizing the Department of Health to adopt rules to administer the registration, inspection, and safety of offices in which certain procedures or office surgeries are performed;
creating s.
requiring the Board of Medicine to adopt rules governing the standards of practice for Page 1 of 18 CODING:
458.328, F.S.;
requiring an office in which a physician performs certain procedures or office surgeries to register with the Department of Health;
requiring an office to designate a physician to be responsible for certain compliance requirements as part of registration;
authorizing the department to deny or revoke the registration of or impose certain penalties against a facility in which certain procedures or office surgeries are performed under certain circumstances;
requiring the Board of Medicine to adopt rules governing the standards of practice for physicians practicing in such offices and to impose a specified fine on physicians who perform certain procedures or office surgeries in an unregistered office;
authorizing the board to adopt rules to administer the registration, inspection, and safety of Page 1 of 11 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 physicians practicing in such offices and to impose a specified fine on physicians who perform certain procedures or office surgeries in an unregistered office;
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 offices in which certain procedures or office surgeries are performed;
459.003, F.S.;
providing definitions;
amending s.
requiring a physician who performs certain procedures or office surgeries and the office in which the procedures or office surgeries are performed to maintain specified levels of financial responsibility;
deleting a provision relating to registration and inspection of an office in which a physician performs certain procedures or office surgeries;
authorizing the Department of Health to adopt rules to administer the registration, inspection, and safety of offices in which certain procedures or office surgeries are performed;
creating s.
459.0138, F.S.;
requiring an office in which a physician performs certain procedures or office surgeries to register with the Department of Health;
requiring an office to designate a physician to be responsible for certain compliance requirements as part of registration;
authorizing the department to deny or revoke the registration of or impose certain penalties against a facility in which certain procedures or office surgeries are performed under certain circumstances;
amending s.
authorizing the board to adopt rules to administer the registration, Page 2 of 11 CODING:
459.015, F.S.;
providing that a physician performing certain procedures or office surgeries in an unregistered office constitutes grounds for denial of a license or disciplinary Page 2 of 18 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 action;
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 inspection, and safety of offices in which certain procedures or office surgeries are performed;
766.101, F.S.;
459.015, F.S.;
conforming a cross- reference;
providing that a physician performing certain procedures or office surgeries in an unregistered office constitutes grounds for denial of a license or disciplinary action;
Subsection (12) is added to section 456.004, Florida Statutes, to read:
456.004 Department;
powers and duties.—The department, for the professions under its jurisdiction, shall:
(12) Deny or revoke the registration of, or impose any penalty set forth in s.
456.072(2) against, any facility in which office surgery, as defined in ss.
458.305(8) and 459.003(9), is performed for failure of any of its physicians, owners, or operators to comply with rules adopted under ss.
458.309(3) and 459.005(2).
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Section 456.073 applies to enforcement actions brought against such facilities.
If a facility's registration is revoked, the department may deny any person named in the registration documents of the facility, including the persons who own or operate the facility, individually or as part of a group, from registering a facility to perform surgical procedures pursuant to s.
458.309(3) or s.
459.005(2) for 5 years after the revocation date.
Section 2.
immediate Page 3 of 18 CODING:
immediate suspension of license.— (6) The department may issue an emergency order suspending or restricting the registration of an office in which a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II office surgery, or a Level III office surgery is performed upon a finding of probable cause that the office, or a physician performing such procedure or surgery in the office, is not in compliance with the standards of practice for office surgery adopted by the boards pursuant to s.
458.328 or s.
459.0138, as applicable, or is in violation of s.
458.331(1)(v) or s.
459.015(1)(z), and that such noncompliance or violation constitutes an immediate danger to Page 3 of 11 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 suspension of license.— (6) The department may issue an emergency order suspending or restricting the registration of a facility in which liposuction procedures in which more than 1,000 cubic centimeters of supernatant fat is removed, Level II office surgery, or Level III office surgery, as those terms are defined in ss.
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 the public.
458.305(8) and 459.003(9), are performed upon a finding of probable cause that the facility or its surgeons are not in compliance with the standards of practice for office surgery adopted by the boards pursuant to s.
Section 2.
458.309(4) or s.
Subsection (3) of section 458.309, Florida Statutes, is amended to read:
459.005(3), as applicable, or are in violation of s.
458.309 Rulemaking authority.— (3) A physician who performs liposuction procedures in which more than 1,000 cubic centimeters of supernatant fat is removed, level 2 procedures lasting more than 5 minutes, and all level 3 surgical procedures in an office setting must register the office with the department unless that office is licensed as a facility under chapter 395.
458.331(1)(v) or s.
The department shall inspect the physician's office annually unless the office is accredited by a nationally recognized accrediting agency or an accrediting organization subsequently approved by the Board of Medicine.
459.015(1)(z) and that such noncompliance constitutes an immediate danger to the public.
The actual costs for registration and inspection or accreditation shall be paid by the person seeking to register and operate the office setting in which office surgery is performed.
Section 458.305, Florida Statutes, is amended to read:
Section 458.328, Florida Statutes, is created to read:
458.305 Definitions.—As used in this chapter, the term:
458.328 Office surgeries.— (1) REGISTRATION.— (a) An office in which a physician performs a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II office surgery, or a Level III office surgery must register with the department unless the office is licensed as a facility under chapter 395.
(1) "Board" means the Board of Medicine.
Page 4 of 11 CODING:
(2) "Deep sedation and analgesia" means a drug-induced depression of consciousness during which all of the following apply:
(a) The patient cannot be easily aroused but responds by purposefully following repeated or painful stimulation.
(b) The patient's ability to independently maintain ventilatory function may be impaired.
(c) The patient may require assistance in maintaining a Page 4 of 18 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 patent airway, and spontaneous ventilation may be inadequate.
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 (b) To register, an office must designate a physician who is responsible for the office's compliance with the office safety requirements of this section and rules adopted hereunder.
(d) The patient's cardiovascular function is usually maintained.
A designated physician must have a full, active, and unencumbered license under this chapter or chapter 459 and shall practice at the office for which he or she has assumed responsibility.
(e) The patient's reflex withdrawal from painful stimulus is not considered a purposeful response.
Within 10 calendar days after the termination of a designated physician relationship, the office must notify the department of the designation of another physician to serve as the designated physician.
(3)(2) "Department" means the Department of Health.
The department may suspend the registration of an office if the office fails to comply with the requirements of this paragraph.
(4) "Epidural anesthesia" means anesthesia produced by the injection of an anesthetic agent into the space on or around the dura mater of the spinal cord.
(c) Each physician practicing at an office registered under this section or s.
(5) "General anesthesia" means a drug-induced loss of consciousness administered by a qualified general anesthesia provider during which all of the following apply:
459.0138 shall advise the board, in writing, within 10 calendar days after beginning or ending his or her practice at a registered office.
(a) The patient is not able to be aroused, even by painful stimulation.
(d) The department shall inspect a registered office at least annually, including a review of patient records, to ensure that the office is in compliance with this section and rules adopted hereunder unless the office is accredited by a nationally recognized accrediting agency approved by the board.
(b) The patient's ability to independently maintain ventilatory function is often impaired.
The inspection may be unannounced.
(c) The patient has depressed neuromuscular function.
(e) The department may suspend or revoke the registration of an office in which a procedure or surgery identified in paragraph (a) is performed for failure of any of its physicians, Page 5 of 11 CODING:
(d) The patient may require assistance in maintaining a patent airway, and positive pressure ventilation may be required.
(e) The patient's cardiovascular function may be impaired.
(6) "Minimal sedation" means a drug-induced state during which patients respond normally to verbal commands.
Although cognitive function and physical coordination may be impaired, airway reflexes and respiratory and cardiovascular functions are Page 5 of 18 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 unaffected.
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 owners, or operators to comply with this section and rules adopted hereunder or s.
(7) "Moderate sedation and analgesia" or "conscious sedation" means drug-induced depression of consciousness and a state of consciousness during which all of the following apply:
459.0138 and rules adopted thereunder.
(a) The patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation.
If an office's registration is revoked, the department may deny any person named in the registration documents of the office, including the persons who own or operate the office, individually or as part of a group, from registering an office to perform procedures or office surgeries pursuant to this section or s.
(b) Interventions are not required to maintain a patent airway, and spontaneous ventilation is adequate.
459.0138 for 5 years after the revocation date.
(c) Cardiovascular function is maintained.
(f) The department may impose any penalty set forth in s.
(d) Reflex withdrawal from a painful stimulus is not considered a purposeful response.
456.072(2) against the designated physician for failure of the office to operate in compliance with the office safety requirements of this section and rules adopted hereunder or s.
(8) "Office surgery" means a surgery that is performed in a physician's office or any facility that is not licensed under chapter 390 or chapter 395.
459.0138 and rules adopted thereunder.
(a) "Level I office surgery" includes any surgery that consists of only minor procedures and in which anesthesia is limited to minimal sedation.
(g) A physician may only perform a procedure or surgery identified in paragraph (a) in an office that is registered with the department.
(b) "Level II office surgery" includes any surgery in which the patient's level of sedation is that of moderate sedation and analgesia or conscious sedation.
The board shall impose a fine of $5,000 per day on a physician who performs a procedure or surgery in an office that is not registered with the department.
(c) "Level III office surgery" includes any surgery in which the patient's level of sedation is that of deep sedation and analgesia or general anesthesia.
(h) The actual costs of registration and inspection or accreditation shall be paid by the person seeking to register and operate the office in which a procedure or surgery identified in paragraph (a) will be performed.
The term includes any surgery that includes the use of spinal anesthesia or epidural anesthesia.
(2) RULEMAKING.— (a) The board shall adopt by rule standards of practice for physicians who perform procedures or office surgeries Page 6 of 11 CODING:
Page 6 of 18 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 (9)(4) "Physician" means a person who is licensed to practice medicine in this state.
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 pursuant to this section.
(10)(3) "Practice of medicine" means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.
(b) The board may adopt rules to administer the registration, inspection, and safety of offices in which a physician performs procedures or office surgeries pursuant to this section.
(11) "Spinal anesthesia" means anesthesia produced by the injection of an anesthetic agent into the subarachnoid space of the spinal cord.
(12) "Surgeon" means a physician who performs surgery.
(13) "Surgery" means any manual or operative procedure, including the use of lasers, performed upon the body of a living human being for the purposes of preserving health, diagnosing or curing disease, repairing injury, correcting deformity or defects, prolonging life, or relieving suffering or any elective procedure for aesthetic, reconstructive, or cosmetic purposes, including, but not limited to:
incision or curettage of tissue or an organ;
suture or other repair of tissue or an organ, including a closed as well as an open reduction of a fracture;
extraction of tissue, including premature extraction of the products of conception from the uterus;
insertion of natural or artificial implants;
or an endoscopic procedure with use of local or general anesthetic.
Subsection (3) of section 458.309, Florida Statutes, is amended, and subsection (4) is added to that section, to read:
Page 7 of 18 CODING:
Words stricken are deletions;
words underlined are additions.
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 458.309 Rulemaking authority.— (3) A physician who performs any liposuction procedure procedures in which more than 1,000 cubic centimeters of supernatant fat is removed, any Level II office surgery level 2 procedures lasting more than 5 minutes, or any Level III office surgery and all level 3 surgical procedures in an office setting must register the office with the department unless that office is licensed as a facility under chapter 395.
The department shall inspect the physician's office annually unless the office is accredited by a nationally recognized accrediting agency or an accrediting organization subsequently approved by the Board of Medicine.
The actual costs for registration and inspection or accreditation shall be paid by the person seeking to register and operate the office setting in which office surgery is performed.
As a condition of registration, a physician who performs surgical procedures in an office setting, and the office itself if it is a separate legal entity from the physician, must maintain the same levels of financial responsibility required in s.
458.320.
(4)(a) The board may adopt rules to administer the registration, inspection, and safety of offices in which a physician performs office surgery.
(b) As a part of registration, such an office must designate a physician who is responsible for the office's compliance with this section and the rules adopted hereunder.
Page 8 of 18 CODING:
Words stricken are deletions;
words underlined are additions.
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 Within 10 days after termination of the designated physician, the office must notify the department of the identity of another designated physician for that office.
The designated physician must have a full, active, and unencumbered license under this chapter or chapter 459 and shall practice at the office for which he or she has assumed responsibility.
The department may suspend a registration certificate for an office without a designated physician who practices at the office.
(c) The department shall inspect the office at least annually, including a review of patient records, to ensure that it complies with this section and rules adopted hereunder unless the office is accredited by a nationally recognized accrediting agency approved by the board.
The inspection may be unannounced, except for the inspection of a physician's office that meets the description of a clinic specified in s.
458.3265(1)(a)3.h., which must be announced.
(d) The board shall adopt by rule standards of practice for physicians who perform office surgery.
The board shall impose a fine of $5,000 per day on a physician who performs a surgical procedure identified in subsection (3) in an office that is not registered with the department.
Section 5.
action by the board and department.— Page 9 of 18 CODING:
action by the board and department.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.
Words stricken are deletions;
words underlined are additions.
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.
458.309(3).
458.328 or s.
Section 6.
459.0138.
Section 459.003, Florida Statutes, is amended to read:
Section 5.
459.003 Definitions.—As used in this chapter, the term:
Subsection (2) of section 459.005, Florida Statutes, is amended to read:
(1) "Board" means the Board of Osteopathic Medicine.
459.005 Rulemaking authority.— (2) A physician who performs liposuction procedures in which more than 1,000 cubic centimeters of supernatant fat is removed, level 2 procedures lasting more than 5 minutes, and all level 3 surgical procedures in an office setting must register the office with the department unless that office is licensed as a facility under chapter 395.
(2) "Deep sedation and analgesia" means a drug-induced depression of consciousness during which all of the following apply:
The department shall inspect the Page 7 of 11 CODING:
(a) The patient cannot be easily aroused but responds by purposefully following repeated or painful stimulation.
(b) The patient's ability to independently maintain ventilatory function may be impaired.
(c) The patient may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate.
(d) The patient's cardiovascular function is usually maintained.
(e) The patient's reflex withdrawal from painful stimulus is not considered a purposeful response.
(3)(2) "Department" means the Department of Health.
Page 10 of 18 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 (4)(5) "Doctor of Osteopathy" and "Doctor of Osteopathic Medicine," when referring to degrees, shall be construed to be equivalent and equal degrees.
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 physician's office annually unless the office is accredited by a nationally recognized accrediting agency or an accrediting organization subsequently approved by the Board of Osteopathic Medicine.
(5) "Epidural anesthesia" means anesthesia produced by the injection of an anesthetic agent into the space on or around the dura mater of the spinal cord.
The actual costs for registration and inspection or accreditation shall be paid by the person seeking to register and operate the office setting in which office surgery is performed.
(6) "General anesthesia" means a drug-induced loss of consciousness administered by a qualified general anesthesia provider during which all of the following apply:
Section 6.
(a) The patient is not able to be aroused, even by painful stimulation.
Section 459.0138, Florida Statutes, is created to read:
(b) The patient's ability to independently maintain ventilatory function is often impaired.
459.0138 Office surgeries.— (1) REGISTRATION.— (a) An office in which a physician performs a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II office surgery, or a Level III office surgery must register with the department unless the office is licensed as a facility under chapter 395.
(c) The patient has a level of depressed neuromuscular function.
(b) To register, an office must designate a physician who is responsible for the office's compliance with the office safety requirements of this section and rules adopted hereunder.
(d) The patient may require assistance in maintaining a patent airway, and positive pressure ventilation may be required.
A designated physician must have a full, active, and unencumbered license under this chapter or chapter 458 and shall practice at the office for which he or she has assumed responsibility.
(e) The patient's cardiovascular function may be impaired.
Within 10 calendar days after the termination of a designated physician relationship, the office must notify the department of the designation of another physician to serve as Page 8 of 11 CODING:
(7) "Minimal sedation" means a drug-induced state during which patients respond normally to verbal commands.
Although cognitive function and physical coordination may be impaired, airway reflexes and respiratory and cardiovascular functions are unaffected.
(8) "Moderate sedation and analgesia" or "conscious Page 11 of 18 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 sedation" means a drug-induced depression of consciousness and a state of consciousness during which all of the following apply:
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 the designated physician.
(a) The patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation.
The department may suspend a registration for an office if the office fails to comply with the requirements of this paragraph.
(b) Interventions are not required to maintain a patent airway, and spontaneous ventilation is adequate.
(c) Each physician practicing at an office registered under this section or s.
(c) Cardiovascular function is maintained.
458.328 shall advise the board, in writing, within 10 calendar days after beginning or ending his or her practice at the registered office.
(d) Reflex withdrawal from a painful stimulus is not considered a purposeful response.
(d) The department shall inspect an office at least annually, including a review of patient records, to ensure that the office is in compliance with this section and rules adopted hereunder unless the office is accredited by a nationally recognized accrediting agency approved by the board.
(9) "Office surgery" means a surgery that is performed in a physician's office or any facility that is not licensed under chapter 390 or chapter 395.
The inspection may be unannounced.
(a) "Level I office surgery" includes any surgery that consists of only minor procedures and in which anesthesia is limited to minimal sedation.
(e) The department may suspend or revoke the registration of an office in which a procedure or surgery identified in paragraph (a) is performed for failure of any of its physicians, owners, or operators to comply with this section and rules adopted hereunder or s.
(b) "Level II office surgery" includes any surgery in which the patient's level of sedation is that of moderate sedation and analgesia or conscious sedation.
458.328 and rules adopted thereunder.
(c) "Level III office surgery" includes any surgery in which the patient's level of sedation is that of deep sedation and analgesia or general anesthesia.
If an office's registration is revoked, the department may deny any person named in the registration documents of the office, including the persons who own or operate the office, individually or as part of a group, from registering an office to perform procedures or office surgeries pursuant to this section or s.
The term includes any surgery that includes the use of spinal anesthesia or epidural anesthesia.
458.328 for 5 years after the revocation date.
(10)(4) "Osteopathic physician" means a person who is licensed to practice osteopathic medicine in this state.
(f) The department may impose any penalty set forth in s.
Page 12 of 18 CODING:
Page 9 of 11 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 (11)(3) "Practice of osteopathic medicine" means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition, which practice is based in part upon educational standards and requirements which emphasize the importance of the musculoskeletal structure and manipulative therapy in the maintenance and restoration of health.
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 456.072(2) against the designated physician for failure of the office to operate in compliance with the office safety requirements of this section and rules adopted hereunder or s.
(12) "Spinal anesthesia" means anesthesia produced by the injection of an anesthetic agent into the subarachnoid space of the spinal cord.
458.328 and rules adopted thereunder.
(13) "Surgeon" means a physician who performs surgery.
(g) A physician may only perform a procedure or surgery identified in paragraph (a) in an office that is registered with the department.
(14) "Surgery" means any manual or operative procedure, including the use of lasers, performed upon the body of a living human being for the purposes of preserving health, diagnosing or curing disease, repairing injury, correcting deformity or defects, prolonging life, or relieving suffering or any elective procedure for aesthetic, reconstructive, or cosmetic purposes, including, but not limited to:
The board shall impose a fine of $5,000 per day on a physician who performs a procedure or surgery in an office that is not registered with the department.
incision or curettage of tissue or an organ;
(h) The actual costs of registration and inspection or accreditation shall be paid by the person seeking to register and operate the office in which a procedure or surgery identified in paragraph (a) will be performed.
suture or other repair of tissue or an organ, including a closed as well as an open reduction of a fracture;
(2) RULEMAKING.— (a) The board shall adopt by rule standards of practice for physicians who perform procedures or office surgeries pursuant to this section.
extraction of tissue, including premature extraction of the products of conception from the uterus;
(b) The board may adopt rules to administer the registration, inspection, and safety of offices in which a physician performs procedures or office surgeries pursuant to this section.
insertion of natural or artificial implants;
or an endoscopic procedure with use of local or general anesthetic.
Subsection (2) of section 459.005, Florida Page 13 of 18 CODING:
Words stricken are deletions;
words underlined are additions.
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 Statutes, is amended, and subsection (3) is added to that section, to read:
459.005 Rulemaking authority.— (2) A physician who performs any liposuction procedure procedures in which more than 1,000 cubic centimeters of supernatant fat is removed, any Level II office surgery level 2 procedures lasting more than 5 minutes, or any Level III office surgery and all level 3 surgical procedures in an office setting must register the office with the department unless that office is licensed as a facility under chapter 395.
The department shall inspect the physician's office annually unless the office is accredited by a nationally recognized accrediting agency or an accrediting organization subsequently approved by the Board of Osteopathic Medicine.
The actual costs for registration and inspection or accreditation shall be paid by the person seeking to register and operate the office setting in which office surgery is performed.
As a condition of registration, a physician who performs such surgical procedure in an office setting, and the office itself if it is a separate legal entity from the physician, must maintain the same levels of financial responsibility required in s.
459.0085.
(3)(a) The board may adopt rules to administer the registration, inspection, and safety of offices in which a physician performs office surgery.
(b) As a part of registration, such an office must Page 14 of 18 CODING:
Words stricken are deletions;
words underlined are additions.
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 designate a physician who is responsible for the office's compliance with this section and the rules adopted hereunder.
Within 10 days after termination of the designated physician, the office must notify the department of the identity of another designated physician for that office.
The designated physician must have a full, active, and unencumbered license under this chapter or chapter 458 and shall practice at the office for which he or she has assumed responsibility.
The department may suspend a registration certificate for an office without a designated physician who practices at the office.
(c) The department shall inspect the office at least annually, including a review of patient records, to ensure that it complies with this section and rules adopted hereunder unless the office is accredited by a nationally recognized accrediting agency approved by the board.
The inspection may be unannounced, except for the inspection of a physician's office that meets the description of a clinic specified in s.
459.0137(1)(a)3.h., which must be announced.
(d) The board shall adopt by rule standards of practice for physicians who perform office surgery.
The board shall impose a fine of $5,000 per day on a physician who performs a surgical procedure identified in subsection (2) in an office that is not registered with the department.
Section 8.
Page 15 of 18 CODING:
459.015 Grounds for disciplinary action;
action by the board and department.— Page 10 of 11 CODING:
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 459.015 Grounds for disciplinary action;
hb0933-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 933 2019 (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.
action by the board and department.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.
459.005(2).
458.328 or s.
Section 9.
459.0138.
Paragraph (a) of subsection (1) of section 766.101, Florida Statutes, is amended to read:
Section 8.
766.101 Medical review committee, immunity from liability.— (1) As used in this section:
(a) The term "medical review committee" or "committee" means:
1.a.
A committee of a hospital or ambulatory surgical center licensed under chapter 395 or a health maintenance organization certificated under part I of chapter 641;
b.
A committee of a physician-hospital organization, a provider-sponsored organization, or an integrated delivery system;
c.
A committee of a state or local professional society of health care providers;
d.
A committee of a medical staff of a licensed hospital Page 16 of 18 CODING:
Words stricken are deletions;
words underlined are additions.
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 or nursing home, provided the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital or nursing home;
e.
A committee of the Department of Corrections or the Correctional Medical Authority as created under s.
945.602, or employees, agents, or consultants of either the department or the authority or both;
f.
A committee of a professional service corporation formed under chapter 621 or a corporation organized under part I of chapter 607 or chapter 617, which is formed and operated for the practice of medicine as defined in s.
458.305 s.
458.305(3), and which has at least 25 health care providers who routinely provide health care services directly to patients;
g.
A committee of the Department of Children and Families which includes employees, agents, or consultants to the department as deemed necessary to provide peer review, utilization review, and mortality review of treatment services provided pursuant to chapters 394, 397, and 916;
h.
A committee of a mental health treatment facility licensed under chapter 394 or a community mental health center as defined in s.
394.907, provided the quality assurance program operates pursuant to the guidelines that have been approved by the governing board of the agency;
i.
A committee of a substance abuse treatment and education prevention program licensed under chapter 397 provided Page 17 of 18 CODING:
Words stricken are deletions;
words underlined are additions.
hb0933-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 933 2019 the quality assurance program operates pursuant to the guidelines that have been approved by the governing board of the agency;
j.
A peer review or utilization review committee organized under chapter 440;
k.
A committee of the Department of Health, a county health department, healthy start coalition, or certified rural health network, when reviewing quality of care, or employees of these entities when reviewing mortality records;
or l.
A continuous quality improvement committee of a pharmacy licensed pursuant to chapter 465, which committee is formed to evaluate and improve the quality of health care rendered by providers of health service, to determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care, or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area;
or 2.
A committee of an insurer, self-insurer, or joint underwriting association of medical malpractice insurance, or other persons conducting review under s.
766.106.
Section 10.
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hb0933-02-c2
hb0933-03-c3
View plain text versions (4)

Action History

  1. Laid on Table, companion bill(s) passed, see CS/CS/SB 732 (Ch. 2019-130)

  2. Temporarily postponed, on 2nd Reading

  3. Placed on Special Order Calendar, 04/26/19

  4. Placed on Calendar

  5. CS/CS/CS by Health and Human Services Committee read 1st time

  6. Pending review of CS -under Rule 7.18(c)

  7. CS/CS/CS by- Health and Human Services Committee; YEAS 17 NAYS 0

  8. On Committee agenda-- Health and Human Services Committee, 04/16/19, 2:00 pm, Morris Hall

  9. Now in Health and Human Services Committee

  10. CS/CS by Health Care Appropriations Subcommittee read 1st time

  11. Pending review of CS under Rule 7.18(c)

  12. CS/CS by Health Care Appropriations Subcommittee; YEAS 11 NAYS 0

  13. On Committee agenda-- Health Care Appropriations Subcommittee, 04/09/19, 8:00 am, Sumner Hall

  14. CS by Health Quality Subcommittee read 1st time

  15. Now in Health Care Appropriations Subcommittee

  16. Pending review of CS under Rule 7.18(c)

  17. CS by Health Quality Subcommittee; YEAS 10 NAYS 0

  18. On Committee agenda-- Health Quality Subcommittee, 03/26/19, 8:00 am, Webster Hall

  19. Introduced

  20. Referred to Health Quality Subcommittee; Health Care Appropriations Subcommittee; Health and Human Services Committee

  21. Filed

Sponsors

  • Rodriguez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Rodriguez

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 5000
Democrat 1000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Brown — Yea
Duran — Yea
Magar — Yea
Pigman — Yea
Ponder — Yea
Stevenson — Yea
Cortes, J. — Yea
Goff-Marcil — Yea
Grant, M. — Yea
Roach — Yea
Rodrigues, R. — Yea
Slosberg — Not Voting
Jones, Shevrin D. "Shev" Democrat Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Plakon, Rachel Saunders Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 2000
Democrat 1000
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Ausley — Yea
Duran — Yea
Magar — Yea
Pigman — Yea
Rommel — Yea
Toledo — Yea
Grant, J. — Not Voting
Grieco — Yea
Roach — Yea
Jones, Shevrin D. "Shev" Democrat Yea
Grall, Erin Republican Yea
Plasencia, Susan Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Republican 4002
Democrat 2001
Total 10005
% of votes cast 67%0%0%33%
How each member voted (15)
Member Party Vote
Brown — Yea
Byrd — Yea
Fine — Not Voting
Bell — Yea
Beltran — Not Voting
Sullivan — Yea
Daniels, Kimberly Democrat Not Voting
Davis, Tracie Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Burton, Colleen Republican Not Voting
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Stark, Paula A. Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 933?
HB 933 is sponsored by Rodriguez.
What is the current status of HB 933?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 933?
Track HB 933 free on One Click Politics — get push/email alerts when it moves.

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